For the Justice Department, going after a pharmaceutical company—or any national corporation, for that matter—means taking on an opponent that isn’t going to fold easily. Outstanding, expensive defense attorneys are likely to be hired. The case will involve a protracted investigation and a significant investment in resources, funded by the taxpayer. Although the Justice Department prefers not to discuss it openly, there is plenty of illegal conduct in health care that never gets prosecuted, owing to limited government bandwidth and the daunting burden of proof. The DOJ declines the majority of
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